wemeannoharmtoyourplanet Posted January 9, 2006 Report Share Posted January 9, 2006 On another thread, I read the following:They have to do more than state the balance. They have to show you how they arrived at the balance. The FDCPA has a provision to dispute portions of the debt. If you don't know how they arrived at that balance, they are eliminating your ability to dispute portions of the debt. MOST of the letters that I have receivd from CA working for the DoE have sent an itemized letter telling me how they arrived at the amount.But this is the first letter I received from a CA (their attorney) for Bally's Total Fitness:RE: PHILLIP -----CENTURION CAPITAL CORP., A MARYLAND CORPORATION, ASSIGNEE OF PRS ASSETS, LLC ACCT#: 2600244236001 BALANCE: $1050.59Please be advised that this office represents the above-referenced Client who claims you have an outstanding balance of $1050.59.Arrangements concerning the above obligation must be made with this office unless you elect to comply with the instructions below.Unless you notify us in writing within thirty (30) days after receipt of this initial notice that you dispute the validity of this debt, or any portion thereof, we will assume the debt to be a valid debt. Upor such notification, we will obtain verification of the debt or a copy of the judgment against you and a copy of such verification or judgment will be mailed to you. Upon written request, within the 30 days stated above, we will provide you with the name and address of the original creditor, if different from the current creditor.J----- KAPLAN LAW OFFICE, PCBy_Attorney for CreditorTHIS COMMUNICATION IS FROM A DEBT COLLECTORTHIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSEAll of the letters I received from other agencies have information printed on the back, i.e. Required State Notices Nothing that this man has sent me has anything printed on the back at all.Unfortunatley, I was unaware of good procedure to replying, didn't certify letters. But I mailed them a letter stating that out of all the creditors I have been in contact with, none of them are called Centurion Capital Corp. I end the letter with a request to be "less ambiguous" (I didn't know what he was talking about). Can this be construed as a dispute of the debt? The letter was dated August 9, I didn't receive the next till September 22. Of course, that's heresay w/out my certification, isn't it?I still have the file. Link to comment Share on other sites More sharing options...
wemeannoharmtoyourplanet Posted January 9, 2006 Author Report Share Posted January 9, 2006 Bally's was twice reprimanded in the past for dubious ethical membership practices, and I am not at all happy with them.I'm beginning to think this CA and their attorney doesn't have much of anything to work with. they haven't validated to my satisfaction, and all of their letters say "call our office" more than anything else.I'm looking to see if Centurion Capital Corp is licensed to collect in AZ, I cannot find their specific name in the Arizona Corporation Commission search engine, or on the AZ Dept of Financial Inst.I did not even see it in my credit report.I am beginning to think he is simply trying to prod me into an action with very little of anything at his end and, for the moment, I should do nothing more than allow him to send more letters. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 9, 2006 Report Share Posted January 9, 2006 The FDCPA allows for oral disputes. They apparently have misstated 1692g, so their letter is insufficient as a required disclosure. If they came after you in the next year, counterclaim. Could be worth the 1K they want from you.Check out the letters on the left hand column. What you need to say is you dispute owing Centurion capital and have no idea who they or the other JDB they took assignment from are. Then ask for validation. send it certified mail Link to comment Share on other sites More sharing options...
wemeannoharmtoyourplanet Posted January 9, 2006 Author Report Share Posted January 9, 2006 Thank you very much. Link to comment Share on other sites More sharing options...
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